New gTLDs Trademark Concerns

New gTLDs trademark concerns are some of the issues to be resolved for the most prominent expansion of the Internet since its inception.  If one owns a domain name; be it a dot.com or other extension, one wants to ensure that one is protected from trademark infringements, and defended against accusations of infringing on a trademark. If one does register a trademark in their country of residence, one is not necessarily protected against trademark issues in other countries. Even though the internet is a global environment, one’s registration of a domain name does not guarantee that one has the right to use a business name or a set phrase. To be sure that one is not setting oneself up for trouble, one should perform trademark search before registering a business name, and prior to buying and using a domain name online.

Before registering any domain name, at any extension, one should thoroughly research the business name upon which the domain name is based. As well, one should retain the services of a noteworthy Intellectual Property Attorney who specializes in Trademarks and Copyrights.

The issue of trademark infringement arises for the same trademarked name. Also, if the same logo, or company image, is being represented, then there may be an issue for exploration. Potential concerns include: other similar trademarked names, in other languages, which  when translated would be the same as the English equivalent. The Canadian Trademark website for registration is: cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr01369.html. One should speak at length with a representative from this office, in addition to consulting with a lawyer, before applying for a trademark, and definitely before registering for and paying for one.

A savvy business person should consider that if one plans to have a website that will potentially sell digital goods, to international clientele, then one is essentially operating in every country where one sells one’s products. Therefore, one should research registered trademarks in all of the countries where one plans to sell one’s goods. To create multiple-country trademark registrations one can utilize the services enabled by the establishment of the Madrid Protocol, which provides for international registration of a trademark.

For international trademark registration details – Madrid Protocol System – one should visit the main website for the World Intellectual Property Organization: wipo.int/madrid/en/. This website lists information about the registration of a trademark in 70, or so, international cities. This website lists workshops for intellectual property lawyers. It also displays a listings of international expert attorneys who have extensive experience, with international trademark matters.

Currently Canada is not a subscriber to Madrid Protocol Registration System. Over the next few years this may change. One can view a list of participating countries on the following link, by selecting to open the List of Members PDF: wipo.int/madrid/en/members/. Should one endeavour to register a trademark through this process one should definitely consult with and retain a recognized Intellectually Property Attorney. One who owns a domain name and who has a business that operates internationally may require international representation, in addition to a great global marketing campaign. For the best marketing campaigns one should certainly benefit from the services of The Big Pitch – bigpitch.ca

 

The Real Internet

What if the real internet that is more of an internal network of mind and space?

Perhaps the Internet is modelled after an internal network of interconnectivity of thought. The real internet is a spiritual communications system where we are all really connected and truly communicate our real emotions and feelings without limit. Possibly the connection portals are levels, and the ports are areas of mindspace. Being on the right wavelength as others who are like-minded thereby connects one to others.

So we must inquire as to how does ones plug-in to the network? To answer this question let us pose other queries. Why is it that when one reads the same book as someone else, one will, seemingly at random, meet that someone and then compare notes on the quality of the book? Or why is it that when two people are thinking of each other, one will call the other? It is because both people are thinking on the same wavelength.

This synchronicity is a result of connections being realized by people who are connected to the same general port by their personality, thoughts and feelings. There character traits and shared history may also be contributing factors to their apt connectivity with one another.

Is this just happenstance or is there a science behind the connections we share with others, whether or not we are aware of our interrelations? There may be a science to it and the scientific method through a series of tests could explain our connections with other people who share similar interests.

Perhaps our world is not so easily testable as we may like to believe. There may be non-tangible and non-testable factors, such as thought, which do not necessarily include electrical impulses or outputs that shape reality for each person. If other people share these thoughts, then they may be drawn to like-minded individuals, almost through a seemingly magnetic process. All of the above-stated processes, may be unknown to each person and be an unconscious drawing or calling of similar souls. If the spiritual reality is real for some people, then then may be said to be metaphysically in tune with others and most importantly with themselves. Knowing who one is a person may alter or change one’s connections and options for connecting with others.

If the whole world is a series of frequencies and one has only to tap into the right one, then one is actually a converter of energy and is a conduit of the mainframe.

Domain Name Madness

            Are you ready for the Domain Name Madness? With many new gTLDs being released over the next few weeks, many questions arise. One needs to know how one can acquire a new domain name, at one of the new extensions. Will the new extensions be affordable? Does one need to research potential trademarks, prior to applying for a new gTLD? These are some of the many questions that one should ponder, before paying for a pre-registration or priority pre-registration for a new gTLD.

            Some registries will be pricing new gTLDs at $10,000 or more, for the first day of release; with the price dropping, by about a hundred dollars or so, each day thereafter. One golden rainbow of hope, in all of this domain name madness, is that registrar’s will only be accepting, either one pre-registration or priority pre-registration for each gTLD. If one pre-registers for a new gTLD, one can receive a full refund, if one is not the successful purchaser of it. However, if one priority pre-registers a new gTLD one will likely receive a refund, less the cost of an application fee.

            In all of this domain name madness, one must question: Who keep all of the cash? If the same new gTLD is pre- or priority-registered with multiple registrars, then the gTLD will be put to auction. If one chooses to opt of the auction, then will one receive a refund? Or will one be eligible for a refund, only if one is not the successful buyer?

            To avoid competing buyers vying for the same gTLD, registries could post applications, from all registrars, for a new gTLD. Also, registries could, in cooperation with the Internet clearinghouse, post notices of trademark enforcements by companies who own a set trademark. Why should one mistakenly pre- or priority pre-register a domain name – and possibly bid on one at an auction – only to find out at a later date, that the domain was protected by a trademark, all along? Perhaps registries or registrars could post links (on their websites) to trademark databases for easy search-ability of protected names. There really needs to be clear governance of the Internet, which for the most part is unregulated, to ensure that domain name madness can be made sane!

Clear governance of the Internet would be possible if one association oversaw the Internet. There is ICANN, but there is also the World Intellectual Property Office and also marcaria.com where you can search international trademarks and register your new domain names. For excellent reference on how to understand domain name governance you can review the book on the following link: International-Domain-Name-Law

Business Models That Do Not Shine

Primary issues with so-called leaders in the telecommunications industry include; top management actually having little or no technological expertise. Top management may present new technological breakthroughs, as being their own idea or initiative. While in reality, new technological developments, within a said telecom company, are usually conceived of by X-teams (mid-level specialized social communicators who create alliances with suppliers and distributors). These employees are usually not given recognition for their accomplishments.  This approach is highly problematic, especially when new technologies, including new applications, are displayed at a public forum. Obviously these are examples of  business models that do not shine.

While top management, at telecom companies, are experts in financial management, and in building global alliances with hardware and software suppliers, they are not tech savvy. If an X-team member was to demonstrate how to use a new device, or application, to all top management staff, then perhaps upper-level managers would then have some understanding as to how to use a new technology. But when it comes to public demonstrations, for hands-on use of a new device / application, top management staff are oblivious. It would not be unreasonable to believe that upper level management might even outsource training on new technologies to a foreign company; rather than utilize the expertise of X-team members.

As with every large corporation, there are figureheads who showcase to the media.  These professionals are experts in spinning perceptions about the company and industry to be however them project them to be, regardless of the reality of the condition of the industry. Behind these figureheads are ‘spin doctors’ who are real brains of the operation. To shape market conditions and to repair issues with perceptions about the industry or the specific company they will compose and share press releases with the media in a timely fashion.

There are also financial wizards who forecast earnings prospectuses and crunch numbers. “A shinning happy pretty face, or wise accountant does not a tech-expert make.” Such business models do not shine! Every function, at a telecom company, is categorized, by level of management; including technological developments and their practical usability. Unfortunately,  “tekkies” are not interviewed by the media, and are not usually called upon to display new technological developments. In the realm of technological advances good looks are not the key to financial growth; as much as key items of product sales, which are solely based on the practical use of a new device or application.

How Internet Was Taken

It might seem strange to suggest that something intangible as the internet could be taken. But that is exactly what is happening and has happened so far. Initially new domain extensions (gTLDs – generic Top-Level Domains) were so highly priced that an average person could not afford to purchase one. Eventually prices were reduced to permit more people to purchase domain at the gTLD. By the time the extension was reasonably affordable, being sold for ten dollars to fifteen dollars, on the average, with some registrar’s charging more and other less for the first initial domain and exorbitant amounts for any additional domains. To restart the process, to be fair registries were permitted to create seven hundred new gTLDs. This new allocation of gTLDs should allow for a fair distribution of new gTLDs so everyone can buy the domain name they want. I think not.

Now, with the largest internet revolution and expansion in history occurring, it is unclear how the prices are set for the new gTLDs. Moreover, who is overseeing or managing the process of assignment of gTLDs to registrars and who sets the prices or determines the timing of the sunrise date / phase (dates when participants are required to register and validate their trademarks) are matters of obscurity for the consumer. Who determines the advance purchase date of payment for arranging pre-registration with an assigned registrar? Also, how is is the decision made to determine which registrar’s will be assigned which gTLD’s? Will trademarked names be excluded from purchase? Will premium domain names at new gTLDs be scooped by registrars or auctioned directly by the registries at unfathomable prices?

Even after pre-registering a domain at a new gTLD one will need to wait until the actual date of registration to find out if their chosen domain name was successfully registered. Registration dates can range from being four to six months away from the pre-registration dates. If domaining (buying and selling domains) is your business that it is much interest to you how the price is set for gTLD and the governance of the administration process for new extensions.

With some registrars supposedly being uniquely assigned set gTLDs, while others claiming that they have the right to pre-register extensions that they have not yet been assigned, the process of new gTLD acquisition is quite complicated. How does a consumer know who to trust with their money? One registrar is charging approximately fifty dollars for pre-registration of a new gTLD and nearly four hundred dollars for pre—pre-registration. The difference between the two options supposedly being that the pre-pre-registration option will have your application for a new domain at a newly released extension being submitted to the managing registry a few days before registration opens. While a pre-registered domain application will only be submitted on the days that the gTLD is available to be registered.

To be able to afford a new gTLD is a near impossibility for the average person. The major issue for those who have the financial resources to buy a new gTLD is being able to know that actual sunrise date set by the registry and the actual date that an assigned registrar will be selling the gTLD. Knowing the potential sunrise date of a new extension is not a straightforward process. Registrars seem either unsure of when the registry will assign the gTLD to them and which gTLDs will be assigned to which registrars.

This madness needs to become sane for the sake of the domain game. Perhaps registrars could set up an optioned system; whereby they would accept payments, at any time before the sunrise dates, for new gTLDs. Then on the sunrise date, when the domain name can actually be pre-registered, convert the held payment to a received payment for pre-registration. This way a customer can rest assured in the hope that they will not need to watch the forum on a registrars’ website to find out when a new gTLD will be available for pre-registration. Since by the time the gTLD is announced for sale, it will be too late to secure the domain name one wants to purchase; as one will be competing second by second with other customers at the same registrar. This process is not in isolation, as one will also be in stark completion will customer at one of six other potential registrars to whom the same gTLD might have been assigned. Unbeknownst to the average consumer some domain names will not be assigned to registrars. These premium domains will be managed directly by the registry who will sell them at their own private auctions.

When will the madness end? Is there no governance of this new process for new gTLDs. For the large corporations, who will be first in line to secure nearly six hundred of the seven hundred new gTLDs, there is a process that is being securely managed to ensure that those with the deepest pockets get the extension they want. As well, if you can afford nearly four hundred dollars for a pre-registration of a domain name at a new extension that you may or may not actually be able to buy, than you can also play the domain game. If your application is unsuccessful you will not receive a refund for your so-called application fee, being one hundred and sixty dollars or so.

Even if your application is successful, you might need to enter into a bidding competition with other seemingly successful potential buyers a new domain name at new gTLD. If you choose not to bid or cannot maintain your bids and thereby withdraw from the process you will forfeit your application fee. If you do bid and the bid amount is ten thousand dollars, for example, who will receive this amount? Will it be the issuing registry or the registrar? This is a question that needs to be answered. So if you have large savings, are being backed by investors or are willing to take out a mortgage, then you can play the domain game and possibly afford a new domain at a new gTLD. This is how the internet was taken.